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Illinois Bar Journal
Articles From 2001

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New medical assistance provisions August 2001 Illinois Law Update, Page 398 On May 11, 2001, the Illinois Department of Public Aid (department) adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.
New proposal to protect children who testify; S.B. 0027 March 2001 Illinois Law Update, Page 116 Under current Illinois law, courts may permit children under 18 who are witnesses in certain criminal prosecutions like sexual assault, predatory sexual assault of a child, and sexual abuse to testify via closed-circuit television outside the courtroom if the judge determines that in-court testimony would result in the child suffering serious emotional distress.
New report allegation December 2001 Illinois Law Update, Page 624 On October 1, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 300 of the Illinois Administrative Code. 89 Ill Adm Code 300.
New state tax deduction for contributions to college savings plan P.A. 92-439 October 2001 Illinois Law Update, Page 516 Legislation signed by Gov. Ryan in August authorizes a deduction equal to a taxpayer's contribution to a Bright Start College Savings Program account.
No independent cause of action exists in tort for breach of duty of good faith and fair dealing or for tortious interference with business advantage July 2001 Illinois Law Update, Page 342 On May 24, 2001, the Illinois Supreme Court reversed the appellate court and held that no independent cause of action exists in tort for an alleged breach of an implied duty of good faith and fair dealing arising from a contract.
No more dumpster babies? By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 A new law is designed to encourage desperate mothers to leave their newborns in safe places, not dumpsters and doorsteps.
Noncompete clauses may be prohibited in most broadcasting employee contracts; S.B. 720 June 2001 Illinois Law Update, Page 286 Certain broadcasting employees may soon enjoy greater freedom under a recent bill passed by both the Illinois House and Senate.
Notice of appeal cannot be filed before trial court has ruled on all SCR 137 motions for sanctions December 2001 Illinois Law Update, Page 624 On September 20, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court in dismissing an appeal under SCR 304(a), ruling that a notice of appeal cannot be filed before the trial court has ruled on all existing SCR 137 motions for sanctions.
Of mangers and menorahs By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 When do religious holiday displays on public property pass constitutional muster?
Off-site locations approved November 2001 Illinois Law Update, Page 568 On August 14, 2001, the Illinois Department of Human Services (department) adopted amendments to section 2060 of the Illinois Administrative Code. 77 Ill Adm Code 2060.
Officer’s immunity defense depends on the reasonableness of his conduct February 2001 Illinois Law Update, Page 60 On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.
Orders related to the temporary custody of a minor require only a “best interests” determination, distinct from the standard required at a temporary custody hearing June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the appellate court's holding that the juvenile court lacked authority to remove a minor from his temporary foster home since there was no immediate necessity for the removal.
Parents to be notified if minor receives traffic ticket ; S.B. 627 August 2001 Illinois Law Update, Page 398 Senate Bill 627 would create a traffic ticket parent notification pilot program in DuPage, Kendall and Sangamon Counties beginning on January 1, 2002, and ending on December 31, 2003.
Park Before You Reverse: A Short Tour of the Reverse-Exchange Process By Scott Nathanson August 2001 Article, Page 427 Reverse exchanges allow real estate buyers to enjoy tax advantages even if they buy their new property before they sell.
Participation in race indicates assent to be bound by terms of release June 2001 Illinois Law Update, Page 286 On March 30, 2001, the seventh circuit affirmed the lower court's finding that a go-kart racer could be held to the terms of a release form which defendants could not produce.
Persistence Pays in the Fight Against UPL By Herb Franks April 2001 Column, Page 164 In the struggle between the stone and the water, in time, the water wins. -Chinese proverb      
Pet hoarders would be treated as mentally ill under proposed legislation; H.B. 0599 May 2001 Illinois Law Update, Page 230 The Illinois House Agriculture Committee unanimously approved a bill intended to reduce incidents of "animal hoarding" in the state.
A Place for Policy By Maureen B. Collins October 2001 Column, Page 543 If you can persuade the judge that ruling in your client's favor means doing good, you'll probably do well.
Placement clearance November 2001 Illinois Law Update, Page 568 On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.
Plain view doctrine does not justify seizure of property unnamed in warrant issued for back taxes May 2001 Illinois Law Update, Page 230 On March 15, 2001, the seventh circuit held that plaintiff's Fourth Amendment rights were violated when officials of the Illinois Department of Revenue seized property belonging to the plaintiff but not named in a search warrant, and held that the plain view doctrine did not protect defendants' actions.
Plaintiff employee who was not handicapped under the guidelines of the Human Rights Act was not discriminated against when his employer terminated him November 2001 Illinois Law Update, Page 568 On July 31, 2001, the Appellate Court of Illinois, First District, affirmed the order of the Human Rights Commission concluding that the commission's finding that the plaintiff's employer, R.B. Hayward and Company, did not discriminate against him based on a handicap or a perceived handicap "was not against the manifest weight of the evidence."
Plaintiff’s driving privileges reinstated after demonstrating that he was no longer an alcohol abuser and would be a “safe and responsible driver” November 2001 Illinois Law Update, Page 568 The office of defendant Jesse White, secretary of state, revoked plaintiff Ronald Mohr's driving privileges for each of two driving under the influence convictions in 1982 and 1989.
Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception By David Stevens June 2001 Article, Page 296 The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.
POA Act Amendments: The Revised Statutory Short Form By James F. Dunneback July 2001 Article, Page 367 Highlights of recent changes to the POA Act.
Point/Counterpoint: Crafting a Counter-Argument By Maureen B. Collins May 2001 Column, Page 267 Learn to counter your opponent's arguments without giving them too much weight.
Police officer not eligible for annuity and pension benefits due to his felony narcotics convictions as they were sufficiently “related to or connected with his service as an officer” November 2001 Illinois Law Update, Page 568 On August 29, 2001, the Illinois Appellate Court, First District, reversed the trial court's decision reinstating the plaintiff's annuity and pension benefits after the Retirement Board of the Policemen's Annuity and Benefit Fund denied his application for reinstatement of those benefits.
Post-Dissolution Rights of Corporations: What Survives the Survival Statute? By Jacquelyne M. Belcastro March 2001 Article, Page 120 Despite its apparent finality, the "survival statute" may not prevent post-dissolution litigation, a review of Illinois cases shows.
Potential Legal Pitfalls in Condominium Development By Brian K. Kozminski December 2001 Article, Page 655 A legal roadmap for Illinois condominium owners.
A President’s Year By Herb Franks May 2001 Column, Page 224 If I seem to boast more than is becoming, my excuse is that I brag for humanity rather than for myself.
Preventive legal care for employers By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 A Chicago attorney offers employment-law audits to her clients. Should you do the same?